Qualified Seduction

Post under Crimes Against Chastity

Art. 337. Qualified seduction. The seduction of a virgin over twelve years and undereighteen years of age, committed by any person in public authority, priest, home-servant,domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with theeducation or custody of the woman seduced, shall be punished by prision correccional in itsminimum and medium periods.The penalty next higher in degree shall be imposed upon any person who shall seduce hissister or descendant, whether or not she be a virgin or over eighteen years of age.Under the provisions of this Chapter, seduction is committed when the offender has carnalknowledge of any of the persons and under the circumstances described herein.Meaning of Seduction Enticing a woman to unlawful sexual intercourse by promise of marriage or other meansof persuasion without use of force.Two kinds of seduction1. Qualified seduction2. Simple seductionTwo classes of qualified seduction1. Seduction of a virgin over 12 years and under 18 years if age by certain persons, suchas, a person in authority, priest, teacher, etc. AND2. Seduction of a sister by her brother, or descendant by her ascendant, regardless of herage or reputationElements of qualified seduction of a virgin1. That the offended party is a virgin which is presumed if she is unmarried and of goodreputation2. That she must be over 12 and under 183. That the offender has sexual intercourse with her4. That there is abuse of authority, confidence or relationship on the part of the offenderThe offended party must be a virgin, over 12 and under 18 Virginity is presumed if the woman is unmarried and of good reputation. It is the accusedwho must prove otherwise and the proof must be convincing, not just insinuations orconjectures. If the woman is married and the offender knows it, having sexual intercourse with her isadultery. If the victim is less than 12, the crime is rape.

Offended party need not be physically virgin

Meaning of virginity Not to be understood in so material a sense as to exclude the idea of abduction of avirtuous woman of good reputation.The Casten Case distinguished from the Suan Case In Casten, the defendant claims that he had prior intercourse with the girl, The SCconsidered her still a virgin within the meaning of the law. In Suan, it was established that the girl had carnal relations with other men. Her chastecharacter was then open to question. In law, she is no longer a virgin. The accused regardher more or less a public woman.Sexual intercourse There must be sexual intercourse in qualified seduction. If there are none, the crime isact of lasciviousness.Who could be the offenders in qualified seduction?1. Those who abused their authoritya. Person in public authorityb. Guardianc. Teacherd. Person who, in any capacity, is entrusted with the education or custody of the womanseduced2. Those who abused confidence reposed in thema. Priestb. House servantc. Domestic3. Those who abused their relationshipa. Brother who seduced his sisterb. Ascendant who seduced his descendantWhat makes the crime of qualified seduction? The acts would not be punished were it not for the character of the person committingthe same, on account of the excess of power or abuse of confidence of which the offenderavailed himself. Deceit is not an element of qualified seduction. It is replaced by abuse of confidence. The fact that the girl gave consent to the sexual intercourse is no defense. Even if the accused is not the teacher of the offended party, it is sufficient that theoffender is a teacher in the same school.Qualified seduction by the master If the master shall have sexual intercourse with a female servant, a virgin of 12 but lessthan 18 years of age, it is also qualified seduction.Qualified seduction by head of the family

A person who had sexual intercourse with the cousin of his wife, then living with them inthe house and a virgin under 18 but over 12, is guilty of qualified seduction. He tookadvantage of his authority and abused the confidence and trust reposed in him as head ofthe family and master of the house.Qualified seduction by a brother-in-law If the moral ascendancy of a brother-in-law, instead, were used for immoral purposes,then, certainly, there is more than ample justification for the view first announced in theArlanre decision that thereby, the offense of qualified seduction was in fact committed.Qualified seduction committed by a priest When the girl went to church to confess, the priest meeting her, embraced and kissed her.The priest made her lie on the floor and had sexual intercourse with her. Held: Priest guiltyof qualified seduction.Qualified seduction by house servant A servant in the house who had sexual intercourse with the masters daughter, a virginover 12 but less than 18, is guilty of qualified seduction.Meaning of domestic A person usually living under the same roof, pertaining to the same house. It includes all those persons residing with the family and who are members of the samehousehold, regardless of the fact that their residence may only be temporary or that theymay be paying for their board and lodging. But if a man is merely stopping at a public inn or tavern when he seduced the landlordsdaughter, the man is not domestic.Domestic is distinct from house servant because of the intimacy existing among variousmembers of a household, where opportunities for committing seduction are more frequent.Distinguished from rape In rape, the age is less than 12; or if 12 but less than 18, there is force or intimidation, orthe girl may or may not be a virgin. In simple seduction, the girl must be more than 12 but less than 18 and the crime is bymeans of cajolery. In qualified seduction: the girl must be a virgin (moral virginity)Qualified seduction by seducing a sister or descendant The penalty is next higher in degree The seduction of a sister is known as incest. Virginity of the sister or descendant is NOT required and she may be over 18 years ofage. Relationship must be consanguinity. The relationship need not be legitimate. If the sister or descendant is under 12, the crime would be rape. If she is married andover 12, the crime would be adultery.

The accused charged with rape cannot be convicted of qualified seduction under the sameinformation. (People v. Alvarez and People v. Samillano) When victim is under 12 years of age, the crime committed is rape and not seduction.Sources:Leonor D. Boado, Notes and Cases on the Revised Penal Code, 2004 ed.Luis B. Reyes, The Revised Penal Code, Book II, 2001 ed.